Estate Planning

Many people put off having a will prepared. It can be difficult to contemplate the idea of your own mortality. However, it is important to plan for the future needs of your family. At Hartman & Yannetti Inc., we understand these challenges and can help you in crafting custom-tailored estate plans and powers of attorney for each individual client that will protect your family and your assets. From the simplest to the most sophisticated of plans, our attorneys start by spending the time necessary to listen to our clients, allowing us to understand their concerns and objectives. These plans are designed to transfer wealth in the most tax-efficient manner. We work collaboratively with financial professionals and accountants to address clients’ tax, business succession, and long term care needs. Every plan, no matter how well conceived, must be periodically reviewed and updated to address changed circumstances. We stand ready to help ensure that your plan remains up-to-date. We then work closely with each client to develop a strategy to meet their needs and desires. Only then will the plan be documented through the careful preparation of the necessary documents, such as wills, powers of attorney, and trust agreements. We take the time to review these documents with clients, explaining every important detail, to ensure that they accurately reflect your wishes.

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Perhaps the most complex estate plans involve family-owned businesses. Working collaboratively with the other professionals you already have relationships with, we help you structure and implement plans to effectively transition ownership, control and management from one generation to the next.

If there is no will, or if the will cannot be validated, the court will appoint an administrator. The decedent’s assets will be distributed according to state law. This is why it is important to have a valid will in place when you die.

Estate plans can include a variety of documents including:

• Last Will and Testaments

• Trusts

• Powers of Attorney

• Medical/Advanced Directives

• Guardianships

We handle all aspects of guardianship appointments for individuals who may no longer be able to care for themselves, as well as special needs trusts for disabled individuals.

Probate and Estate Administration

We also assist in the administration of estates. We understand that coping with the loss of a loved one is never easy. Using our many years of experience, we provide professional and efficient estate administration services, lessening your concerns and allowing you to focus on the rest of your family life. Our mission is to guide you through the process, ensuring that you perform all duties and responsibilities that come with serving as the personal representative. Probate and estate administration can include several responsibilities that must be completed to ensure that your heirs receive their share of your estate without future financial exposure. Because of possible tax exposures and claims of creditors, you need the benefit of experienced legal guidance through this process. Hartman & Yannetti Inc. works with the family to complete these tasks competently and thoroughly through this difficult period.  

Estate and probate tasks include:

• Collecting, listing, and appraising the decedent’s assets

• Paying off creditors and collecting all debts to the estate

• Filing and paying for estate and other taxes

• Distributing assets to beneficiaries

Emergency Temporary Guardianship:

Emergency temporary guardianship is appropriate when an adult is either being financially exploited or, is in imminent physical danger which includes self-neglect. The temporary appointment of the guardian lasts for 90 days. Before the end of the 90 days it may be necessary to petition for a permanent guardianship if the situation has not been stabilized or if the adult continues to lack the capacity to execute legal documents such as a Durable Power of Attorney and Designation of Health Care Surrogate (which serve as a less restrictive alternative). The guardian is responsible for preparing final reports to the court.

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Guardianship / Incapacitation

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Seeking guardianship over another person is a complex process because it involves terminating or limiting an adult from handling their own affairs. This can be one of the most stressful situations one must face for a loved one whose health is declining. If the person in question doesn’t have a durable power of attorney in place, you’ll need to petition the court for legal guardianship to handle their affairs. This can be complex especially if the person believed to be incapacitated resists. The courts take this process very seriously and use a high degree of scrutiny.

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Attorney Yannetti will ease the burden to navigate the complexities of the legal guardianship so you can focus and care for your loved one. 

Guardianship for an Incapacitated Adult:

If a previously competent adult becomes incapacitated, physically and/or cognitively, and did not designate an agent in a Durable Power of Attorney or Healthcare Surrogate while competent, this court proceeding will appoint a family member (or professional) as guardian. The guardian may be appointed and given legal authority to make financial as well as medical decisions for the incapacitated adult. In certain situations (i.e. car accidents resulting in temporary incapacity), a guardianship may last for a short time until rights can be restored.  In situations involving long-term incapacity, a guardianship will remain in place until the incapacitated adult passes away. The guardian is responsible for preparing annual reports to the court.